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2025 DAILYLAW 119277 (ALL)

AJIT @ AJIT KUMAR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO AND OTHERS

CRLP/668/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6103-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 668 of 2025 Petitioner :- Ajit @ Ajit Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko And Others Counsel for Petitioner :- Rudresh Pandey,Amit Tripathi,Suneel Kumar Tiwari Counsel for Respondent :- G.A.,Ayush Pratap Singh,Devendra Pratap Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard the learned counsel for the petitioners, learned A.G.A for the State and perused the record. 2. Under challenge in this petition is the First Information Report dated 30.11.2024 bearing F.I.R. No.0665 of 2024, under Sections 85, 115(2), 352, 351(2) B.N.S., 2023 and Sections 3/4 D.P. Act, 1961, Police Station Bachhrawan, District Raebareli. 3. Learned counsel for the petitioners confines his prayer for issuing direction to the police authorities to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment. 4. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 273. (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Order Date :- 29.1.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench